West Virginia Code § 27-1A-11

Division on alcoholism and drug abuse; powers and duties; definitions
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(a) The division on alcoholism, heretofore established in the department of health, shall
continue and be known as the division on alcoholism and drug abuse.
(1) The supervisor and personnel of this division shall assist the director of the department
of health in the establishment of a program for the care, treatment and rehabilitation of
alcoholics and drug abusers; for research into the causes, prevention, and treatment of
alcoholism and drug abuse; for the training of personnel to provide the requisite
rehabilitation of alcoholics and drug abusers; and for the education of the public concerning
alcoholism and drug abuse. u
(2) The department's program for the care, treatment, and rehabilitation of alcoholics and
drug abusers may include, when intended for such purposes, the establishment of special
clinics or wards within, attached to, or upon the grounds of one or more of the state
hospitals under the control of the department of health; the acquisition in the name of the
department of real and personal property and the clonstruction of buildings and other
facilities; the leasing of suitable clinics, hospitsals or other facilities; and the utilization,
through contracts or otherwise, of the available services and assistance of any professional
or nonprofessional persons, groups, organizations or institutions in the development,
promotion and conduct of the depargtment's program.
(3) Neither the department of health nor the division on alcoholism and drug abuse shall be
required to accept any alcoholic or drug abuser voluntarily seeking hospitalization for
clinical or hospital care, treatment or rehabilitation; but the department may accept,
pursuant to its adopted and promulgated rules and regulations, responsibility for clinical or
hospital care, treatment or rehabilitation of any alcoholic or drug abuser through
arrangements made voluntarily with the department by him or some person acting in his
behalf: Provided, That any such person accepted by the department on a voluntary basis
shall be charged a minimum fee unless he shows, to the satisfaction of the department, that
he iWs unable to pay the fee: Provided, however, That the department shall accept all
alcoholics and drug abusers committed by a mental hygiene commissioner or judicial officer
in accordance with the procedures established by article six-a of this chapter: Provided
further, That notwithstanding any provision in article five of this chapter which may be to
the contrary, the supervisor of the division on alcoholism and drug abuse may specify the
clinic or hospital to which the alcoholic or drug abuser shall be committed after a final
commitment hearing provided in section four, article five of this chapter.
(4) The department's program of research into the causes, prevention and treatment of
alcoholism and drug abuse may include the utilization, through contracts or otherwise, of
the available services and assistance of any private and public professional or
nonprofessional persons, groups, organizations or institutions, as well as cooperation with
private and public agencies engaged in research in alcoholism or drug abuse or
rehabilitation of alcoholics or drug abusers.
(5)(A) The department's programs shall also provide for the training of personnel to work
with alcoholics and drug abusers and the informing of the public as well as interested groups
and persons concerning alcoholism and drug abuse and the prevention and treatment
thereof.
(B) The department shall train counselors who shall be responsible for working with youth
and developing community programs for youth with drug and alcohol probleems. Personnel
shall be available to work with these youth in their community and school settings.
(C) The department shall provide at least two comprehensive outpatient programs for youth
whose drug or alcohol problems make them a candidate for suchu programs as determined by
qualified mental health professionals. At least one program shall serve a rural area. These
programs shall include, at minimum: Educational lectures; ctodependency, peer group,
individual and family counseling; services for at risk population; and relapse, prevention and
after care programs. One such program shall be established by January 1, 1987, and a
second program by July 1, 1987.
(6) The department may employ such medicals, psychiatric, psychological, secretarial and
other assistance as may be necessary to carry out the provisions of this section.
(b) As used in this chapter or in sectgion ten, article one, chapter sixteen of the code:
(1) "Alcoholic" means a person who suffers from alcoholism as defined in subdivision (2) of
this subsection.
(2) "Alcoholism" means a disease or illness characterized by psychological or physiological
addiction to alcoholic beverages as manifested by: (A) The inability to control one's
consumption of alcoh olic beverages except through total abstinence or (B) the inability to
control one's Vbehavior when consuming alcoholic beverages, or (C) both.
(3) "Alcohol abuser" means a person whose use of alcohol has produced any of the effects
described in subdivision (4) of this subsection.
(4) "Alcohol abuse" means the periodic, frequent or constant consumption of alcoholic
beverages to the extent that one's health is substantially impaired or endangered or one's
social or economic functioning is substantially disrupted.
(5) "Drug abuser" means a person who is in a state of psychic or physical dependence, or
both, arising from the administration of any controlled substance, as that term is defined in
chapter sixty-a of this code, on a continuous basis.
(6) "Drug abuse" means the use of any controlled substance as that term is defined in said
chapter sixty-a, until such time as the user has become dependent upon or addicted to the
same.

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